The statutory exceptions to the rule against hearsay in criminal proceedings
The statutory exceptions to the rule against hearsay in criminal proceedings

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • The statutory exceptions to the rule against hearsay in criminal proceedings
  • Exceptions under the CJA 2003
  • Other statutory exceptions to the rule against hearsay
  • PACE 1984—confessions
  • Criminal Appeal Act 1968—admissibility of transcripts at re-trial
  • Criminal Justice Act 1967, s 9—written statements
  • Youth Justice and Criminal Evidence Act 1999—video recorded evidence-in-chief
  • Road traffic legislation—admissibility of highway code, evidence as to driver, owner or user

Exceptions under the CJA 2003

The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).

See Practice Note: Admissibility of hearsay evidence.

The CJA 2003 expressly preserves the common law exceptions to the rule against hearsay for certain categories of evidence.

These are:

  1. public information

  2. evidence of reputation

  3. res gestae (eg statements connected with the facts in issue and which are an integral part of what happened)

  4. confessions

  5. admissions by agents

  6. statements in furtherance of a common enterprise

  7. expert evidence

See Practice Note: Admissibility of hearsay—preserved common law exceptions.

The CJA 2003 also provides for the admissibility of a previous inconsistent statement, ie a statement made by a witness before giving evidence which is inconsistent with his testimony at trial.

Further, the CJA 2003 makes express provision for other previous statements of witnesses, eg statements in rebuttal of recent fabrication. See Practice Note: Safeguards against hearsay.